Beschwerdeverfahren

1. Terms and Definitions

Goods offered by FENIX are usually included in groups marked by the following umbrella trade names:

• ECOFLOOR – heating cables and heating mats for floor heating, freezing protection of outside areas, roof gutters and wires, freezing protection of piping, etc.
• ECOFILM – heating foils for floor heating, for roof heating and to protect mirrors from condensation of moisture
• ECOSUN – radiant heating panels
• MR/GR panels – radiant marble and glass panels for vertical installation
• ECOFLEX – electric heaters based on convection principle (convectors)
• ATLANTIC – electric storage water heaters
• ULTRATHERM – heating elements - foils, panels, ceramic bulbs, regulation elements - for breeders of small animals
• ACCESSORIES – products not classified under the categories above - heating ladders, hand dryers, towel dryers, halogen radiators, etc.

2. Documents Accompanying Purchased Item

Together with purchased item, FENIX has to hand the following documents to the purchaser:

• Proof of payment2 – all products
• Separate Guarantee Certificate – Ecofloor, Ecofilm
• Installation Manual3 – all products
• Instructions for Use4 – all products
• Servicing Report5 – for guarantee and post-guarantee repairs of products

Consumers must demand the above-indicated documents from the seller.

3. Quality of Purchased Items

FENIX has to deliver purchased items in prescribed or approved quality if quality is specified or if such a fact results from special legislation, or in such a quality as proclaimed by FENIX. Unless quality is prescribed, approved or specified, FENIX has to deliver purchased items in usual quality. If purchased items are to be delivered in accordance with a sample or model, FENIX must deliver purchased items with properties comparable to those of the sample or model submitted by the purchaser.

4. Defects of Purchased Items

FENIX is liable for purchased items having pre-agreed properties and properties complying with all documentation that was used or was to be used in order to manufacture purchased items and for purchased items having usual properties, during guarantee period. The seller is liable for defects of purchased items upon takeover of purchased items by the purchaser.

Purchasers must inspect purchased items upon their takeover at the latest.6 If purchased items are delivered by a public carrier, (see General Business Terms and Conditions), purchasers have a right to refuse to accept a consignment that fails to comply with the Transport Certificate (consignment is incomplete) or a consignment that is evidently damaged. If purchasers accept an incomplete/damaged consignment from the carrier, purchasers must make an entry into the Handover Report (Transport Certificate) and make a report concerning damage with the carrier. If purchasers find defects upon taking over purchased items, purchasers must notify the seller immediately in a provable manner. If purchasers fail to inspect goods, they may only assert rights resulting from defects of purchased items that would have been discovered if the goods had been inspected in case purchasers prove that the goods had had such defects at the moment of devolution of the risk of damage to the goods. If purchased items are delivered by a public carrier, (see General Business Terms and Conditions), purchasers have a right to refuse to accept a consignment that fails to comply with the Transport Certificate (consignment is incomplete) or a consignment that is evidently damaged. If purchasers accept an incomplete/damaged consignment from the carrier, purchasers must make an entry into the Handover Report (Transport Certificate) and make a report concerning damage with the carrier.

A defect of purchased items was provably reported if notified by a registered letter sent to seller’s address or if a damage report was made at seller’s seat or in any of seller’s shops; in view of this, the seller must secure that a person charged to settle guarantee claims for defects is present in seller’s shops during business hours.

In the report, letter or entry, purchasers must describe exactly how defects of purchased items are manifested. Unless defects are reported directly in personal discussion between the seller and purchaser and a report is made, the moment when defect is reported will be understood as the moment when a registered letter, containing defect report, is delivered to seller’s seat.

5. Guarantee Period

Purchased items not included under chapter 6 Extended Guarantee Period are covered by a standard 24-month guarantee period. Servicing works and repairs of purchased items carried out after expiration of the guarantee period are covered by a 6-month guarantee period.

6. Extended Guarantee Period

FENIX provides extended guarantee of the following duration:

• There is a lifetime warranty on ECOFLOOR underfloor heating products that are installed in residential buildings and registered through the FENIX website. The exact terms and conditions can be found along with the registration form on the following page http://warranty.fenixgroup.cz
• 10 years for heating cables and mats ECOFLOOR of overall power input up to 400 W/m² that are a part of recommended system solution of floor heating of buildings or outdoor applications storage buildings under strong communication and that were installed properly in accordance with installation instructions by FENIX. At the same time, the guarantee is only provided if measurements prescribed in the Guarantee Certificate are carried out and the Guarantee Certificate is filled in and confirmed by a person competent and qualified to do so7. A copy of the receipt (certificate) proving professional competence of a qualified person as on the installation date must be kept and submitted when guarantee is asserted, together with documents and receipts stated under chapter 8 Documents Submitted to Prove a Guarantee Claim. Drawings of the distribution of heating elements, required in the Guarantee Certificate, may be replaced by photographic documentation made during and after installation before being covered by other constructional components or covering.
• 10 years for heating foils ECOFILM F, C of overall power input up to 200 W/m2 that are a part of recommended system solution of floor or ceiling heating of buildings and that were installed properly in accordance with installation instructions by FENIX. At the same time, the guarantee is only provided if measurements prescribed in the Guarantee Certificate are carried out and the Guarantee Certificate is filled in and confirmed by a person competent and qualified to do so7. A copy of the receipt (certificate) proving professional competence of a qualified person as on the installation date must be kept and submitted when guarantee is asserted, together with documents and receipts stated under chapter 8 Documents Submitted to Prove a Guarantee Claim. Drawings of the distribution of heating elements, required in the Guarantee Certificate, may be replaced by photographic documentation made during and after installation before being covered by other constructional components or covering.
• 5 years for low-temperature radiant panels ECOSUN U and panels for coffered ceilings ECOSUN VT, used to heat residential buildings and installed duly in accordance with installation instructions given by FENIX.
• 5 years for tight pressure vessel of electric water heater ATLANTIC with storage reservoir if used to prepare hot utility water in residential buildings, if installed duly in accordance with installation instructions given by FENIX and if the magnesite anode was replaced no later than 24 months after the beginning of the guarantee period. A receipt proving purchase of the magnesite anode must be kept and submitted when guarantee is asserted, together with documents and receipts stated under chapter 8 Documents Submitted to Prove a Guarantee Claim

7. Commencement of Guarantee Period

Guarantee period (standard and extended guarantee period) commences:

• For ECOFLOOR, ECOFILM – products - on the installation date confirmed in the Guarantee Certificate of products; however, in all cases no later than 6 months from the date of sale
• For other products – when goods are received by the consumer.

8. Documents Submitted to Assert a Guarantee Claim Product

Documents required to assert a guarantee claim:

• ECOFLOOR    Proof of payment; guarantee certificate filled-in and confirmed
• ECOFILM    Proof of payment; guarantee certificate filled-in and confirmed
• Other products    Proof of payment
• Servicing services    Proof of payment; servicing report

9. Asserting Guarantee Claims within Guarantee Period

Consumers have to report defects of purchased items occurred during the guarantee period to FENIX without unnecessary delay after being discovered. Defects are reported by a registered letter sent to FENIX’s seat or personally at FENIX’s seat or in any of FENIX’s shops; in view of this, FENIX must secure that a person charged to settle guarantee claims for defects is present during business hours. Unless defects are reported directly in personal discussion between a person charged by FENIX to handle guarantee claims and the consumer and a report is made, the moment when defect is reported will be understood as the moment when a registered letter, containing defect report, is delivered to FENIX’s seat. The letter or report must contain consumer’s exact description of the product and defect and how the defect is manifested. Furthermore, consumers must indicate their contact information, including e-mail, so that they may be contacted by FENIX with respect to the guarantee claim.
Unless defects are reported in accordance with the above indicated conditions, consumers do not have a right to be granted entitlement based on FENIX´s liability for damage.

10.Guarantee Claim Procedure

Except for heat storage stoves and Ecofloor and Ecofilm products inbuilt in the constructional structure, consumers secure professional dismounting and delivery of defective purchased items to FENIX´s seat or any of FENIX´s shops; in view of this, FENIX has to secure that a person charged to settle guarantee claims for defects is present during business hours.

Consumers have to enable a person charged by FENIX to enter the assembly site and carry out actions necessary to find the defect and analyze causes of the defect.
FENIX will check whether all guarantee conditions are complied with and it will check and confirm that problems reported for products covered by guarantee really exist and appeared during ordinary and normal use and were not caused by an accident, incorrect use, neglect, change or incorrect installation, operation, maintenance or testing by unqualified electrician or as a result of any other cause beyond FENIX´s liability. If the guarantee claim is justified and if it was asserted within a standard 24-month guarantee period, FENIX has to settle the guarantee claim within 30 days after the guarantee claim is accepted. If the guarantee claim is justified and if it was asserted within extended guarantee period, FENIX has to settle the guarantee claim within 30 days after its authorized person checks at the assembly site whether assembly and operating conditions for extended guarantee period were complied with.

If guarantee claims are justified, the following issues must be settled within 30 days:

If the defect may be removed, consumers have a right for its removal - duly, in due time and free of charge. In case the thing has not been used, consumers may demand, instead of defect removal, replacement of the thing, or, if the defect only concerns a part of the thing, removal of the defective part. Instead of defect removal, FENIX may always replace defective thing by a perfect one.
As regards Ecofloor and Ecofilm products for which extended guarantee period is provided according to clause 6 Extended Guarantee Period, FENIX repairs the product free of charge or replaces the product. Repair or replacement of a defective product is conditioned by 1m2 of covering being available to FENIX; the covering must be provided by the consumer. FENIX reserves a right to stipulate a method and technical solution suitable for removing technical defects of the heating system. After defect is removed, floor/roof structure will be returned to its original condition upon FENIX´s expenses. If impossible, the structure will be set to an equivalent state corresponding to its original standard version.

If the defect may not be removed and if it prevents the consumer from using the thing duly and free of defects, the consumer has a right to have the thing replaced or to withdraw from the contract. Consumers have the same rights in case of removable defects if the purchaser may not use the thing duly due to repeated appearance of the defect after repair or due to multiple defects. Purchasers assert their withdrawal from the contract with the seller.

In case of another defect that may not be removed but that does not prevent the consumer from using the thing, consumers are entitled for a reasonable discount from the price of the thing. Purchasers claim discount from the price of the thing from the seller.

FENIX will issue a certificate containing date and method to settle the guarantee claim to the consumer, including a certificate of repair made under the guarantee claim, or, if applicable, a reason why the guarantee claim is rejected, in "Notification of Guarantee Claim Settlement". The Notification will be sent by the seller to one of the contact information addresses provided by the consumer when asserting the guarantee claim.

The Notification may be sent by FENIX to the consumer by email with guaranteed electronic signature. The date when the consumer was given an objective opportunity to make himself familiar with the method of guarantee claim settlement is understood as the date of guarantee claim settlement. The consumer has to sign the “Notification of Guarantee Claim Settlement” upon FENIX´s call, if included in the record made between FENIX and the consumer. If the consumer has any objections to guarantee claim settlement, the consumer has to indicate all such objections in the "Notification of Guarantee Claim Settlement", sign the Notification and return it to FENIX. The consumer must take an active interest in the result of guarantee claim settlement on his own; if the consumer fails to do so, he must bear consequences of his failure to act.

In case of product replacement, a new guarantee period will start running for the product on the date when new product is accepted by the consumer. In case of replacement of a part of the product covered by guarantee, a new guarantee period will start running for the part on the date when new part or product containing the new part is accepted by the consumer. If a guarantee claim is asserted, purchased item must not be handled in any way during the guarantee claim procedure without consent granted by FENIX.

11.Loss of Guarantee

If FENIX rejects a guarantee claim or denotes a guarantee claim as unjustified during the guarantee claim procedure, FENIX has to give reasons why the guarantee claim was rejected/not recognized.
Principal reasons to reject/fail to recognize guarantee claims:

• Failure to submit documents or receipts specified under chapter 8 Documents Submitted to Prove a Guarantee Claim.
• Failure to comply with conditions specified under chapter 6 Extended Guarantee Period.
• Installation or use of purchased items contrary to delivered Installation Manual or Instructions for Use
• Utilization of incorrect or unsuitable materials in direct relation to purchased items
• Evident wilful damageConsequences of natural disasters or other harmful events (lightning, fire, damage by water, fluctuation of electric voltage, etc.)
• Non-professional assembly, non-allowed adjustment or change of product parameters, repairs by persons not competent to make such repairs.

FENIX will not be liable, in any case, to any third party for loss of profit, loss of business opportunity, loss of good reputation or increased costs or any indirect special, criminal or subsequent damage, irrespective of their occurrence.

1. Guarantee is provided by FENIX Trading, spol. s r.o., Slezská 2, 790 01 Jeseník
2. The receipt must contain the date of sale and unambiguous identification of the type of the product. For invoices, the date of sale is understood as the date of taxable supply.
3. Installation Manual may have the form of simplified picture instructions.
4. Installation Manual and Instructions for Use may be combined into one document.
5. Servicing Report (Repair Certificate) must contain unambiguous identification of the product, description of fault or breakdown, description how fault or breakdown was removed, and a list of parts that were replaced by new parts during repair.
6. The takeover date is understood as the date of sale; as regards consignments sent by a public carrier, the takeover date is understood as the date when consignments are received from the public carrier.
7. Holder of “Professional Competence Certificate for Electronics” acc. to regulation by ČÚBP and ČBÚ no. 50/1978 Coll.
8. In case the Guarantee Certificate is unavailable or if the Guarantee Certificate fails to indicate installation date, the gurantee period starts running on the date when purchased items are received by the purchaser.